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U.S. v. RODRIGUEZ

No. 03-1058, 03-1316.

367 F.3d 1019 (2004)

UNITED STATES of America, Appellee, v. Antonio RODRIGUEZ, Appellant. United States of America, Appellant, v. Antonio Rodriguez, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2004.

Rehearing and Rehearing Denied June 22, 2004.

Attorney(s) appearing for the Case

Jeremy P. Murphy, argued, Lincoln, NE, for appellant.

Bruce W. Gillan, argued, Asst. U.S. Attorney, Omaha, NE, for appellee.

Before RILEY, BEAM, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 22, 2004.

SMITH, Circuit Judge.

A jury found Antonio Rodriguez guilty of conspiring to distribute 500 grams or more of methamphetamine and 500 grams or more of cocaine. The district court denied two of Rodriguez's pretrial motions. During the sentencing phase of trial, the district court granted Rodriguez's downward-departure motion and sentenced him to 262 months' imprisonment-followed by five years of supervised...

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